The petition claims that entry 55 of the Federal Legislative List prevents Parliament from legislating on the SC’s jurisdiction
A day after former Chief Justice of Pakistan Jawwad S. Khawaja challenged the 27th Constitutional Amendment in the Supreme Court, a group of lawyers including Asad Rahim Khan and Zeeshaan Hashmi have also petitioned the apex court against curtailment of its jurisdiction.
In a petition filed through their lawyer, Umer Gilani ASC, the petitioners have argued that the amendment represents the most serious encroachment on judicial independence “since the advent of the Government of India Act, 1935”.
Read: Ex-CJP Jawwad S Khawaja challenges 27th amendment in SC
They argue that the amendment – which creates a new Federal Constitutional Court (FCC) and strips the Supreme Court of key constitutional powers – is illegal, procedurally flawed and unconstitutional.
The petition contends that entry 55 of the Federal Legislative List prevents Parliament from legislating on the jurisdiction of the Supreme Court, except to extend it; Therefore, the creation of a new FCC with binding authority over the SC violates this fundamental constitutional guarantee.
The independence of the judiciary, a recognized “salient feature” of the Constitution, is undermined by giving the executive unchecked power to appoint the FCC’s first chief justice and judges. The amendment’s removal of the Supreme Court’s Article 184(3) jurisdiction – its power to enforce fundamental rights – effectively destroys the court’s constitutional role as guardian of citizens’ rights.
The petition further alleges that the amendments, which enable forced transfers and early retirement of judges, violate Article 209 and amount to executive capture of the judiciary.
The petitioners, who also include lawyers Shahbakht Pirzada, Usama Rauf and Hassan Wattoo, have requested that the Supreme Court strike down various provisions of the 27th Amendment as ultra vires the Constitution and suspend its implementation pending a final judgment.
